Oklahoma § 62-858 - Project plans - Amendments - Vote on project plan adopted

§ 62-858. Project plans - Amendments - Vote on project plan adopted

by transportation authority.

A. The governing body shall cause to be prepared a project

plan. The appropriate local planning commission shall review the

proposed project plan and shall make a recommendation on the plan to

the governing body. The project plan shall include the following

Oklahoma Statutes - Title 62. Public Finance

items, if applicable, according to the type of district being

formed:

1. A description of the proposed boundaries of the district and

the proposed boundaries of the project area by legal description and

by street or other recognizable physical feature accompanied by a

sketch clearly delineating the area in detail;

2. A general description of the proposed public works or

improvements, the anticipated private investments and the estimated

public revenues which should accrue;

3. A list of estimated project costs including administrative

expenses;

4. A general description of the methods of financing the

estimated project costs, the expected sources of revenue to finance

or pay project costs, and the general time when the costs or

monetary obligations related thereto are to be incurred;

5. A map showing existing uses and conditions of real property

in the district and a map showing proposed improvements to and

proposed uses of that property;

6. Proposed changes in zoning;

7. Proposed changes in the master plan and city ordinances if

required to implement the project plan;

8. The name of the person who shall be in charge of the

implementation of all of the project plans of the district with such

name being forwarded to the Department of Commerce; and

9. A designation of any public entity to be authorized to carry

out all or any part of the project plan.

B. Before the governing body may approve such project plan,

notice must be given and public hearings must be held pursuant to

the provisions of Section 859 of this title. The approval by the

governing body must be by ordinance if a city or town or by

resolution if a county which contains findings that the plan is

feasible and conforms to the master plan, if any, of the city, town

or county.

C. Except as otherwise provided in this section, the planning

commission may recommend an amendment to a project plan, which

amendment shall be subject to review by the review committee and

approval by the governing body. Prior to the adoption of the

amendment, the governing body shall give notice concerning such

amendment and hold public hearings on such amendment in the manner

prescribed by Section 859 of this title. The approval by the

governing body must be by ordinance if a city or town or by

resolution of a county which contains findings that the plan is

feasible and conforms to the master plan, if any, of the city, town

or county.

D. The governing body may grant the department, agency or

public entity in charge of the implementation of the project plan

the authority to make minor amendments to the plan. An amendment is

Oklahoma Statutes - Title 62. Public Finance

considered to be minor if such amendment does not change the

character or purpose of the plan; does not add more than five

percent (5%) to the district's area; or does not add more than five

percent (5%) to the public costs of the plan to be financed by

apportioned tax increments. All amendments made pursuant to the

provisions of this subsection shall be considered on a cumulative

basis.

E. Approval by any ad valorem taxing entities, if required

pursuant to the provisions of Section 850 et seq. of this title,

shall be secured before any plan or amendment thereto goes into

effect.

F. Any project plan adopted by a transportation authority

pursuant to Section 1370.7 of Title 68 of the Oklahoma Statutes,

after having met the provisions of this section, shall be submitted

to a vote of the people within the boundaries of the authority,

pursuant to the provisions of subsections D through H of Section 868

of this title.

Added by Laws 1992, c. 342, § 9. Amended by Laws 1995, c. 332, § 3,

eff. Nov. 1, 1995; Laws 2003, c. 255, § 5, eff. Nov. 1, 2003; Laws

2005, c. 210, § 5, emerg. eff. May 23, 2005; Laws 2008, c. 367, § 3,

eff. Nov. 1, 2008.